Protection of Privacy Law, 5741 – 1981 · Constitution, Law and Justice Committee of the Knesset, shall establish by order, a supervisory unit that will supervise the databases,

***Unofficial translation***

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Protection of Privacy Law, 5741 – 19811

Chapter One: Infringement of Privacy

Prohibition ofinfringement ofprivacy

1. No person shall infringe the privacy of another without hisconsent.

What is infringementof privacy

2. Infringement of privacy is any of the following:

(1) spying on or trailing a person in a manner likely to harasshim, or any other harassment;

(2) listening-in prohibited under any Law;

(3) photographing a person while he is in the private domain;

(4) publishing a person’s photograph under such circumstancesthat the publication is likely to humiliate him or bring himinto contempt;

(5) copying or using, without permission from the addressee orwriter, the contents of a letter or any other writing notintended for publication, unless the writing is of historicalvalue or fifteen years have passed since the time of writing.In this section "writing" - including electronic message asdefined in Electronic Signature Law, 5761 – 2001.

(6) using a person’s name, appellation, picture or voice forprofit;

(7) infringing a duty of secrecy laid down by law in respect of aperson’s private affairs;

(8) infringing a duty of secrecy laid down by express or implicitagreement in respect of a person’s private affairs;

(9) using, or passing on to another, information on a person’sprivate affairs otherwise than for the purpose for which itwas given;

(10) publishing or delivering anything obtained by way of aninfringement of privacy under paragraphs (1) to (7) or (9);

(11) publishing any matter relating to a person’s intimate life,including his sexual history, state of health or conduct in theprivate domain.

1 This translation is based on the official translation of the law as published in 1981. Later amendments

of the law were not officially translated.


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Definition of terms 3. In this Law -

“person”, for the purposes of sections 2, 7, 13, 14, 17B, 17C,17F, 17G, 23A, 23B and 25, does not include a body corporate;

“consent” means informed, express or implied consent;

“possessor, for the purpose of a database” means a person whohas a database in his possession permanently and is permitted touse it;

“publication” has the same meaning as in section 2 of theProhibition of Defamation Law, 5725-1965;

“photography” includes filming;

“use” includes disclosure, transfer and delivery.

Infringement ofprivacy a civil wrong

4. An infringement of privacy is a civil wrong, and the provisionsof the Civil Wrongs Ordinance (New Version) shall apply to itsubject to the provisions of this Law.

Infringement ofprivacy an offense

5. A person who willfully infringes the privacy of another in any ofthe ways stated in sections 2(1), (3) to (7) and (9) to (11) is liableto imprisonment for a term of five years.

Trifling act 6. No right to bring a civil or criminal action under this Law shallaccrue though an infringement of no real significance.

Chapter Two: Protection of Privacy in Database

Definitions 7. In this chapter –

“information security” means protection of the integrity of theinformation, or protection of the information from beingexposed, used or copied, without lawful permission;

“database” means a collection of data, kept by a magnetic oroptic means and intended for computer processing, except –

(1) a collection for personal use that is not for businesspurposes; or

(2) a collection that includes only the name, address andmethod of communication, which in itself does notproduce a characterization which infringes the privacyof the persons whose names are included therein,


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provided that the owner of the collection or the bodycorporate under his control does not have anothercollection;

“information” means data on the personality, personal status,intimate affairs, state of health, economic position, vocationalqualifications, opinions and beliefs of a person;

“sensitive information” means -

(1) data on the personality, intimate affairs, state of health,economic position, opinions and beliefs of a person;

(2) information that the Minister of Justice determined byorder, with the approval of the Constitution, Law andJustice Committee of the Knesset, is sensitiveinformation;

“manager of database” means an active manager of a body thatowns or possesses a database or a person whom the aforesaidmanager authorized for this purpose;

“Registrar” means a person who has the qualifications to beappointed judge of a Magistrate’s Court, and was appointed bythe Government, by notice in Reshumot, to keep a "Register ofDatabases" (hereinafter referred to as "the Register") asprescribed in section 12;

“information integrity” means the data in the database is identicalto the source from which it was drawn, not having been changed,delivered or destroyed without lawful permission.

Part One: Databases

Registration and useof database

8. (a) No person shall manage or possess a database that requiresregistration pursuant to this section, unless one of thefollowing has occurred:

(1) the database has been registered in the Register;

(2) an application has been made to register the databaseand the provisions of section 10(B1) have been met;

(3) the database requires registration pursuant tosubsection (e) and the Registrar’s order permittedmanagement and possession of the database until thetime of its registration.

(b) A person shall not use information in a database thatrequires registration under this section except for thepurpose for which the database was established.


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(c) A database owner is obligated to register his database in theRegistry, and he shall register the database if one of thefollowing applies:

(1) the database contains information on more than 10,000persons;

(2) the database contains sensitive information;

(3) the database includes information on persons, and theinformation was not delivered to this database bythem, on their behalf or with their consent to thisdatabase;

(4) the database belongs to a public body as defined insection 23;

(5) the database is used for direct-mailing services asreferred to in section 17C.

(d) The provisions of subsection (c) shall not apply to adatabase that only contains information that was madepublic pursuant to lawful authority or was made availablefor public inspection pursuant to lawful authority;

(e) The Registrar may, for special reasons that shall berecorded, order the registration of a database that is exemptfrom registration pursuant to subsections (c) and (d); thesaid order, in which the Registrar shall set forth instructionsas to managing and possessing the database until itsregistration, shall be served to the owner of the database.

Application forregistration

9. (a) An application for registration of a database shall besubmitted to the Registrar.

(b) An application for registration shall state –

(1) the names of the owner of the database, the possessor ofthe database and the manager of the database, and theiraddresses in Israel;

(2) the purposes for which the database was established andthe purposes for which the information is intended;

(3) the kinds of information that will be included in thedatabase;

(4) particulars on the transfer of information abroad;

(5) particulars on receiving information, on a permanentbasis, from a public body as defined in section 23, thename of the public body delivering the information andthe nature of the information delivered, except forparticulars that are delivered with the consent of thepersons as to whom the information relates.


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(c) The Minister of Justice may prescribe by regulations furtherparticulars to be stated in the application for registration.

(d) The owner or possessor of a database shall notify theRegistrar of every change in any of the particulars specifiedin subsection (b) or in subsection (c) and of thediscontinuance of the operation of the database.

Powers of Registrar 10. (a) Where an application for registration of a database issubmitted –

(1) The Registrar shall register it in the register it, within90 days from the day the application was submitted tohim, unless he sees reasonable cause for believing thatthe database serves or is liable to serve illegalactivities or as a cover for them, or that theinformation included within it was received,accumulated or collected in violation of this Law or inviolation of the provisions of any law;

(2) The Registrar may, if he is of the opinion doing so isappropriate for the actual operation of the database,record a different purpose than the one set forth in theapplication, record a number of purposes for thedatabase, or order the submission of a number ofapplications under the application that was submitted;

(3) The Registrar shall not refuse to register the databasepursuant to paragraph (1) and shall not exercise hispowers pursuant to paragraph (2) unless he has giventhe applicant an opportunity to be heard.

(b) Repealed.

(b1) Where the Registrar does not register the database within90 days from the day the application was submitted to him,and does not notify the applicant of his refusal to registeror of delay of the registration for special reasons that heshall record in his notice, the applicant may manage orpossess the database although it is not registered.

(b2) Where the Registrar notifies the applicant of his refusal toregister the database or of delaying the registration asstated in subsection (b1), the applicant shall not be allowedto manage or possess the database, unless the court rulesotherwise.

(b3) The Registrar shall delete the registration of a databasefrom the Register if the owner of the database notifies himthat the information in the database has been destroyed andverified the notice by affidavit; where a person other thanthe owner possesses the database, the notice shall also be


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verified by affidavit of the possessor.

(c) The Registrar shall supervise compliance with theprovisions of this Law and the regulations thereunder.

(d) The Minister of Justice, with the approval of theConstitution, Law and Justice Committee of the Knesset,shall establish by order, a supervisory unit that willsupervise the databases, their registration, and theinformation security therein; the unit shall be sizedaccordingly with the supervision needs.

(e) The Registrar shall head the supervisory unit, and shallappoint inspectors to carry out the supervision pursuant tothis Law; no person shall be appointed inspector unless hereceived the appropriate professional training in the fieldof computerization and information security and exercisingpowers under this Law, and the Israel Police did not objectto his appointment for reasons of public safety.

(e1) In carrying out his functions, an inspector may –

(1) demand every relevant person to deliver to himinformation and documents relating to a database;

(2) enter a place as to which he has reasonable belief thata database is being operated, search the place andseize objects, if he is convinced that doing so isnecessary to ensure implementation of this Law and toprevent violation of its provisions; the provisions ofthe Criminal Procedure (Arrest and Search) Ordinance[New Version], 5869 – 1969 shall apply to an objectthat has been seized under this section; arrangementsfor entering a military installation or an installation ofa security authority within its meaning in section 19(c)shall be determined by the Minister of Justice uponconsultation with the minister in charge of the securityauthority, as the case may be; in this paragraph,“object” includes computer material and output asdefined in the Computers Law, 5765 – 1995;

(3) notwithstanding the provisions of paragraph (2), aninspector shall not enter a place that is used solely as aresidence, other than pursuant to an order given by ajudge of the Magistrate’s Court.

(f) Where the possessor or owner of a database infringes anyprovision of this Law or the regulations thereunder, or failsto comply with a request made to him by the Registrar, theRegistrar may suspend the registration for a period that heshall determine or cancel the registration of the database inthe Register, provided that prior to the suspension orcancellation the owner of the database was given theopportunity to be heard.


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(g) The Registrar and any person acting on his behalf shall betreated as State employees.

Protection of privacyreport

10A. No later than the first of April every year, the Protection ofPrivacy Council shall submit to the Constitution, Law and JusticeCommittee of the Knesset a report that the Registrar shallprepare on the enforcement and supervisory activities in the yearpreceding submission of the report, along with the Council’scomments.

Notice to accompanyrequest forinformation

11. A request to a person for information with a view to the keepingand use thereof in a database shall be accompanied by a noticeindicating –

(1) whether that person is under a legal duty to deliver thatinformation or whether its delivery depends on his volitionand consent;

(2) the purpose for which the information is requested;

(3) to whom the information is to be delivered and the purposesof such delivery.

Register of databases 12. (a) The Registrar shall keep a register of databases, which shallbe open for inspection by the public.

(b) The register shall contain the particulars for registering thedatabase as stated in section 9.

(c) Notwithstanding the provisions of subsections (a) and (b), ina database of a security authority, the particulars stated insection 9(b)(3), (4) and (5) shall not be open to inspection bythe public.

Right to inspectinformation

13. (a) Every person is entitled to inspect, either himself or througha representative authorized by him in writing or hisguardian, any information about him kept in a database.

(b) The owner of a database shall enable, at the request of aperson referred to in subsection (a) (hereinafter – personmaking the request) inspection of the information, in theHebrew, Arabic or English language.

(c) The owner of a database may refuse to deliver to the personmaking the request information relating to his physical ormental health if, in his opinion, it is liable to severely harmthe physical or mental health of the person making therequest or endanger his life; in such case, the owner of thedatabase shall deliver the information to a physician or


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psychologist on behalf of the person making the request.

(c1) The provisions of this section shall not require the deliveryof information in violation of a privilege prescribed by law,unless the person making the request is the person who isthe beneficiary of the privilege.

In this subsection, “law” includes common law.

(c2) The mode and conditions of, and the payment for, theexercise of the right of inspection of information shall beprescribed by regulations.

(c3) The provisions of this section shall not apply –

(1) to a database of a security authority within themeaning of section 19(c);

(1A) to a database of the Prisons Service;

(2) to a database of a tax authority within the meaning ofthe Tax Law Amendment (Exchange of Informationbetween Tax Authorities) Law, 5727 – 1967;

(3) where the security or foreign relations of the State orthe provisions of any enactment require thatinformation about any person not be disclosed to him;

(4) to any database, in respect of which the Minister ofJustice, in consultation with the Minister of Defense orthe Minister of Foreign Affairs, as the case may be,and with the approval of the Foreign Affairs andSecurity Committee of the Knesset, has determinedthat it contains information as to which the security orforeign relations of the State requires or require that itnot be disclosed (such information hereinafter referredto as "secret information"), provided that a personwishing to inspect information about himself kept atany such database shall be entitled to inspectinformation other than secret information.

(5) to a database about investigations and lawenforcement of an authority empowered to investigateby law an offense, which the Minister of Justicedetermined by order, with the approval of theConstitution, Law and Justice Committee of theKnesset.

(6) to a data base established under section 28 of theProhibition on Money Laundering Law, 5760 –2000.

Inspection ofinformation not inthe possession of the

13A. Without derogating from the provisions of section 13 –

(1) The owner of a database who keeps it at the place ofanother person (in this section - the possessor) shall refer


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owner of thedatabase

the person making the request to the possessor, with hisaddress, and order the possessor, in writing, to enable theperson making the request the inspection;

(2) Where the person making the request applies to thepossessor first, the possessor shall inform him if hepossesses information about him, and also the name andaddress of the owner of the database.

Amendment ofinformation

14. (a) A person who, on inspecting any information about himselffinds that it is not correct, not complete, not clear or not upto date may request the owner of the database or, if suchowner is a non-resident, the possessor thereof to amend ordelete the information.

(b) Where the owner of a database agrees to a request undersubsection (a), he shall make the necessary changes in theinformation and shall notify them to every person whoreceived the information from him within a periodprescribed by regulations.

(c) Where the owner of a database refuses to comply with arequest under subsection (a), he shall give notice to sucheffect, in the form and manner prescribed by regulations, tothe person who made the request.

(d) The possessor is obligated to correct the information, if theowner of the database agreed to the requested correction orthe court ordered that the correction be made.

Appeal to court 15. A person requesting information may, in the form and mannerprescribed by regulations, appeal to the Magistrate’s Courtagainst refusal by the owner of a database to enable inspectionunder section 13 or section 13A and against notice of refusalunder section 14(c).

Secrecy 16. No person shall disclose any information obtained by him byvirtue of his functions as an employee, manager or possessor of adatabase save for the purpose of carrying out his work orimplementing the Law or under a court order in connection witha legal proceeding; where the request is made before aproceeding has been instituted, it shall be heard in theMagistrate’s Court.

A person who infringes the provisions of this section shall beliable to imprisonment for a term of five years.

Responsibility to 17. A database owner, possessor or manager, are each responsible


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information security for the information security in the database.

Possessor ofdatabases ofdifferent owners

17A. (a) A person who possesses databases of different owners shallensure that access to each database is provided only topersons who are expressly authorized to do so by writtenagreement between the person and the owner of the saiddatabase.

(b) A person who possesses at least five databases that requireregistration under section 8 shall deliver annually to theRegistrar a list of the databases in his possession, indicatingthe names of the owners of the databases, verified byaffidavit that, in respect of each of the databases, the personsentitled to access to the database were determined byagreement between the person and the owner, and the nameof the security supervisor, as referred to in section 17B.

Security supervisor 17B. (a) The bodies set forth below shall appoint a person with theappropriate qualifications to be in charge of the informationsecurity (hereinafter – security supervisor):

(1) a possessor of five databases that require registrationunder section 8;

(2) a public body as defined in section 23;

(3) a bank, an insurance company, a company involved inrating or evaluating credit.

(b) Without derogating from the provisions of section 17, thesecurity supervisor shall be responsible for the informationsecurity in the databases kept in the possession of the bodiesreferred to in subsection (a)

(c) A person who has been convicted of an offense involvingmoral turpitude or an offense of the provisions of this Lawshall not be appointed as security supervisor.

Part Two: Direct Mailing

Definitions 17C. In this part –

“direct mailing” means contacting a person personally, based onhis belonging to a group of the population that is determined byone or more characteristics of persons whose names are includedin a database;

“contact” includes in writing, printed matter, telephone,facsimile, in a computerized way or by other means;

“direct-mailing services” means providing direct-mailing


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services to others by way of transferring lists, labels or data byany means.

Direct mailing 17D. A person shall not manage or possess a database used for direct-mailing services, unless it is registered in the Register and one ofits registered purposes is mailing services.

Mentioning sourceof the information

17E. A person shall not manage or possess a database used for direct-mailing services, unless he has a record indicating the sourcefrom which he received every collection of data used for thedatabase, and the date it was received, and to whom each saidcollection of data was delivered.

Deletion ofinformation from adatabase used fordirect mailing

17F. (a) Every contact by direct mailing shall include in a clear anconspicuous manner –

(1) mention that the contact is direct mailing, indicating theregistration number of the database being used fordirect-mailing services as stated in the Register ofdatabases;

(2) notice of the right of the recipient of the contact to beremoved from the database as referred to in subsection(b); along with the address which he should contact forthis purpose;

(3) the name and address of the owner of the databasecontaining the information based on which the contactwas made, and the sources from which the owner of thedatabase received this information.

(b) Every person is entitled to demand, in writing, of the ownerof the database used for direct mailing that the informationrelating to him be deleted from the database.

(c) Every person is entitled to demand, in writing, of the ownerof the database used for direct-mailing services or of theowner of the database containing the information based onwhich the contact was made, that the information relating tohim not be delivered to a person, to a type of persons or tospecific persons, for either a limited period of time orpermanently.

(d) Where a person informed the owner of the database of hisdemand as specified in subsections (b) or (c), the owner ofthe database shall act in accordance with the demand andnotify the person, in writing, that he acted accordingly.

(e) Where the owner of the database did not give notice asspecified in subsection (d) within 30 days from the day of


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receipt of the demand, the person whom the information isabout may apply to the Magistrate’s Court in the mannerprescribed by regulations, to order the owner of the databaseto act as specified.

(f) The rights under this section of a deceased person recordedin a database are given also to his spouse, child, parent orsibling.

Application to dataitems

17G. The provisions of this part shall apply to data items relating tothe private affairs of a person, although not classified asinformation, in the same way that they apply to information.

Non-application to apublic body

17H. This part shall not apply to a public body within the meaning ofsection 23(1) in carrying out its functions under law.

Saving of laws 17I. The provisions of this part are in addition to the provisions ofany law.

Chapter Three: Defenses

Defenses 18. In any criminal or civil proceeding for infringement of privacy, itshall be a good defense if one of the following is the case:

(1) the infringement was committed by way of a publicationprotected under section 13 of the Defamation (Protection)Law, 5725 – 1965;

(2) the defendant or accused committed the infringement ingood faith and in any of the following circumstances:

(a) he did not know and need not have known that aninfringement of privacy might occur;

(b) the infringement was committed in circumstances inwhich the infringer was under a legal, moral, social orprofessional obligation to commit it;

(c) the infringement was committed in defense of alegitimate personal interest of the infringer;

(d) the infringement was committed in the lawful pursuitof the infringer’s occupation and in the ordinarycourse of his work, so long as it was not committed byway of publication;

(e) the infringement was committed by way of taking aphotograph, or of publishing a photograph taken, inthe public domain, and the injured party appears in it


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accidentally;

(f) the infringement was committed by way of apublication protected under paragraphs (4) to (11) ofsection 15 of the Defamation (Prohibition) Law, 5725– 1965;

(3) The infringement involved a public interest justifying it inthe circumstances of the case, provided that, if theinfringement was committed by way of publication, thepublication was not untruthful.

Exemption 19. (a) No person shall bear responsibility under this Law for an actwhich he is empowered to do by law.

(b) A security authority or a person employed by it or acting onits behalf shall bear no responsibility under this Law for aninfringement reasonably committed within the scope of theirfunctions and for the purpose of carrying them out.

(c) For the purposes of this section, “security authority” meansany of the following:

(1) the Israel Police;

(2) the Intelligence Branch of the General Staff, and theMilitary Police, of the Israel Defense Forces;

(3) the General Security Service;

(4) the Intelligence and Special Duties Agency (Mossad).

Onus of proof 20. (a) Where the accused or defendant proves that he committedinfringement of privacy under any of the circumstancesreferred to in section 18(2) and that it did not exceed thelimits reasonable under those circumstances, he shall bepresumed to have committed it in good faith.

(b) The accused or defendant shall be presumed not to havecommitted the infringement of privacy in good faith if incommitting it he knowingly went further than wasreasonably necessary for the purposes of the mattersprotected by section 18(2).

(c) An accused person or defendant who sets up the pleaprovided by section 18(2)(b) or (d) shall be presumed not tohave infringed privacy in good faith if he infringed it inviolation of the rules or principles of professional ethicsapplying to him by law or accepted by members of theprofession to which he belongs; however, this presumptionwill not apply if the infringement was caused incircumstances that the accused person or defendant actedaccording to a legal duty that was imposed on him.


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Rebuttal of defensepleas

21. Where the accused or defendant produces evidence or himselftestifies to prove one of the defense pleas provided by this Law,the prosecutor or plaintiff may produce rebutting evidence. Thisprovision shall not derogate from the power of the court underany law to permit the production of evidence by the parties.

Mitigatingcircumstances

22. In passing sentence or awarding compensation, the court mayalso take the following into account in favor of the accused ordefendant:

(1) that the infringement of privacy was merely a repetition ofsomething said before and that he mentioned the source onwhich he relied;

(2) that he did not intend to commit an infringement;

(3) if the infringement was committed by way of publication –that he has apologized and has taken steps for thediscontinuance of the sale or distribution of copies of thepublication containing the infringement, provided that theapology was published in the same place and in the samedimensions and manner in which the infringing matter hadbeen published and was unqualified.

Chapter Four: Imparting of Information or Data Items by Public Bodies

Definitions 23. In this chapter –

“public body” means

(1) a Government Department and any other State institution,a local authority and any other body carrying out publicfunctions under any law;

(2) a body designated by the Minister of Justice, by order,with the approval of the Constitution, Law and JusticeCommittee of the Knesset, provided that the order shallprescribe the categories of information and data itemswhich the body may impart and receive.

Application to anydata items

23A. The provisions of this chapter shall apply to any data items as toa person’s private affairs, even though it may not come withinthe definition of information, in like manner as they apply toinformation.

Prohibition of 23B. (a) The imparting of information by a public body is prohibited


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delivery ofinformation

unless it has been published by lawful authority, or theperson to whom it relates has consented to its beingimparted.

(b) The provisions of this section shall not prevent a securityauthority, within the meaning of section 19, from receivingor imparting information for the purpose of carrying out itsfunctions, provided that its communication or receipt is notprohibited by any enactment.

Restriction as toprohibition

23C. Notwithstanding the provisions of section 23B, the imparting ofinformation, unless prohibited by any enactment or by theprinciples of professional ethics, is permitted –

(1) between public bodies if –

(a) the imparting of the information takes place within theframework of the powers or functions of the personimparting the information and is required for thepurpose of implementing any enactment or for anypurpose within the framework of the powers orfunctions of the person importing or receiving theinformation, or

(b) the information is imparted to a public body permittedby law to demand it from any other source;

(2) from a public body to a Government Department or otherState institution, or between such Departments orinstitutions as aforesaid, if the imparting of the informationis required for the purpose of implementing any enactmentor for any purpose within the framework of the powers orfunctions of the person imparting or receiving theinformation; provided that no information shall be impartedas aforesaid if it had been given on condition that it not becommunicated to another.

Duties of publicbody

23D. (a) A public body which regularly imparts information undersection 23C shall indicate such fact in every request forinformation made in accordance with the Law.

(b) A public body which imparts information under section 23Cshall keep a record of the information imparted.

(c) Where a public body receives information under section23C and such information is stored in a database, it shallnotify the Registrar of such fact, and such fact shall beincluded in the particulars of the list of databases undersection 12.

(d) A public body which receives information under section23C shall only make use of it within the framework of its


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powers or functions.

(e) For the purposes of the duty of secrecy under any law, anyinformation communicated to a public body by virtue of thisLaw shall be treated like information obtained by that bodyfrom any other sources and, in addition, all the provisionsapplying to the communicating body shall apply to thereceiving body.

Excess information 23E. (a) Where any information permitted to be imparted undersections 23B or 23C is stored in a file with any otherinformation (hereinafter referred to as "excessinformation"), the communicating body may deliver to thereceiving body such first-mentioned information togetherwith the excess information.

(b) Excess information may only be imparted under subsection(a) if procedures have been prescribed preventing any usebeing made thereof. Such procedures shall be prescribed byregulations. So long as they have not been so prescribed, therequesting body shall prescribe procedures in writing andshall forward a copy thereof to the communicating bodyupon its request.

Permitted delivery isnot an infringementof privacy

23F. The imparting of information permitted under this Law shall notconstitute an infringement of privacy and the provisions ofsections 2 and 8 shall not apply thereto.

Regulations 23G. The Minister of Justice may, with the approval of theConstitution, Law and Justice Committee of the Knesset, makeregulations as to procedure for the imparting of information bypublic bodies.

Penalties 23H. Repealed.

Chapter Five: Miscellaneous

Status of the State 24. This Law shall apply to the State.

Death of injuredparty

25. (a) Where a person whose privacy has been infringed dieswithin six months after the infringement without havingfiled an action or complaint in respect thereof, his spouse,child or parent or, if he leaves no spouse, child or parent, hisbrother or sister may file an action or complaint in respect of


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that infringement within six months after his death.

(b) Where a person who has filed an action or complaint inrespect of an infringement of privacy dies before thetermination of the proceeding, his spouse, child or parent or,if he leaves no spouse, child or parent, his brother or sistermay, within six months after his death, notify the court thathe or she wishes to proceed with the action or complaint,and upon so notifying, he or she shall take the place of theplaintiff or complainant.

Prescription 26. The period of prescription of civil actions under this Law is twoyears.

Applicability ofcertain provisions ofthe Prohibition ofDefamation Law.

27. The provisions of sections 21, 23 and 24 of the Defamation(Prohibition) Law, 5725 – 1965, shall apply mutatis mutandis tolegal proceedings for infringement of privacy.

Evidence as toperson’s badreputation, characteror past

28. In a criminal or civil proceeding for infringement of privacy, noevidence shall be produced, and no witness shall be examined, asto the bad reputation or as to the character, past, activities oropinions of the injured party.

Additional orders 29. (a) In addition to any penalty and other relief, the court may,in a criminal or civil proceeding for infringement due to aviolation of a provision of this law, order –

(1) prohibition of the distribution of copies, orconfiscation, of the infringing matter; a confiscationorder under this paragraph is effective against anyperson who has such material in his possession forsale, distribution or storage, also if he is not a partyto the proceeding; where the court ordersconfiscation, it shall direct how the confiscatedcopies shall be disposed of;

(2) publication of the whole or part of the judgment; thepublication shall be made at the expense of theaccused or defendant, in the place and in thedimensions and manner prescribed by the court.

(3) surrender of the infringing matter to the injuredparty;

(4) destruction of information unlawfully received, orprohibition of use of the aforesaid information or ofexcess information as defined in section 23E, or any


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other order in respect of the information.

(b) The provisions of this section shall not prevent the keepingof a copy of a publication in public libraries, archives andthe like unless the court, by a confiscation order undersubsection (a)(1), imposes a restriction also on suchkeeping, and they shall not prevent the keeping of a copyof a publication by an individual.

Statutory damages 29A. (a) The court may order a person who has been convicted undersection 5 to pay the injured person statutory damages, that willnot exceed 50,000 new shekels; an order for damages underthis subsection shall be regarded as a ruling of the samecourt in a civil proceeding of the entitled against the personobliged.

(b) (1) In a civil wrong-doing proceeding under section 4, thecourt may order that the defendant shall pay the plaintiffstatutory damages that will not exceed 50,000 newshekels.

(2) In a proceeding under paragraph (1) in which it wasproven that the infringement on privacy was made withintent to cause harm, the court may order that thedefendant shall pay the plaintiff statutory damages thatwill not exceed double the amount in that paragraph.

(c) A person shall not be awarded statutory damages under thissection, for the same infringement on privacy, more thanonce.

(d) The amounts in this section shall be updated at the 16th ofeach month, in accordance with the rate of change in thenew index compared with the basic index; in this regard-

"index" – the consumer price index as published by theCenteal Bureau of Statistics;

"the new index" – the index of the month whichproceeded the month of update;

"the basic index" – the index of May 2007.

Responsibility forpublication innewspaper

30. (a) Where an infringement of privacy is published in anewspaper, within the meaning of the Press Ordinance(hereinafter referred to as "a newspaper"), criminal and civilresponsibility for the infringement shall be borne by theperson who brought the material to the newspaper andthereby caused its publication, the editor of the newspaperand the person who actually decided upon the publication ofthe infringement in the newspaper, and civil responsibilityshall be borne also by the publisher of the newspaper.


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(b) In a criminal case under this section, it shall be a gooddefense for the editor of the newspaper that he tookreasonable steps to prevent the publication of theinfringement or that he did not know of the publication.

(c) In this section, "editor" of a newspaper includes the actualeditor.

Penalty for offensesof strictresponsibility

31A. (a) A person who commits any of the following is subject toimprisonment for a term of one year –

(1) manages, possesses or uses a database in violation of theprovisions of section 8;

(2) provides incorrect particulars in an application forregistration of a database as required in section 9;

(3) fails to provide particulars or provides incorrectparticulars in the notice accompanying a request toobtain information under section 11;

(4) fails to comply with the provisions of sections 13 and13A regarding the right to inspect information kept in adatabase or fails to correct information in accordancewith the provisions of section 14;

(5) enables access to a database in violation of theprovisions of section 17A(a) or fails to provide to theRegistrar documents or an affidavit in accordance withthe provisions of section 17A(b);

(6) fails to appoint a security supervisor in accordance withthe provisions of section 17B;

(7) manages or possesses a database used for direct-mailingservices, in violation of the provisions of sections 17Dto 17F;

(8) delivers information in violation of the provisions ofsections 23B to 23E.

(b) An offence under this section does not require proof ofcriminal intent or negligence.

Civil wrong 31B. An act or omission in violation of the provisions of chapters twoor four or in violation of regulations enacted under this Law shallbe a wrong under the Civil Wrongs Ordinance [New Version].

Responsibility ofprinter anddistributor

31. Where an infringement of privacy is published in print, except ina newspaper published under a valid license at intervals of notless than forty days, criminal and civil responsibility for theinfringement shall be borne also by the possessor of the printing


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press, within the meaning of the Press Ordinance, in which theinfringement was printed and by a person who sells or otherwisedistributes the publication; provided that they shall not bearresponsibility unless they knew or ought to have known that thepublication contained an infringement of privacy.

Materialinadmissible asevidence

32. Material obtained by the commission of an infringement ofprivacy shall not be used as evidence in court without the consentof the injured party, unless the court, for reasons which shall berecorded, permits it to be used or if the infringer, being a party tothe proceeding, has a defense or enjoys exemption under thisLaw.

Amendment of CivilWrongs Ordinance

33. Section 34A of the Civil Wrongs Ordinance [New Version] ishereby repealed.

Amendment ofCriminal ProcedureLaw

34. In the schedule to the Criminal Procedure Law, 5725 – 1965, thefollowing paragraph shall be added after paragraph (12):

“(13) offenses under the Protection of Privacy Law, 5741 –1981.”

Saving of laws 35. The provisions of this Law shall not derogate from the provisionsof any other law.

Implementation ofregulations

36. The Minister of Justice is charged with the implementation ofthis Law and may, with the approval of the Constitution, Lawand Justice Committee of the Knesset, make regulations as to anymatter relating to its implementation, and inter alia –

(1) conditions of keeping and safeguarding information atdatabases;

(2) conditions of transmitting information to or fromdatabases outside the boundaries of the State;

(3) rules of conduct and ethics for owners, possessors andmanagers of databases and their employees.

Fees 36A. (a) The Minister of Justice, with the approval of theConstitution, Law and Justice Committee of the Knesset,may institute –

(1) fees for registration of a database and its inspectionunder this Law;

(2) a fee, for a period that shall be determined, for a


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database registered in the Register (hereinafter –periodic fee), unless the database is owned by the State,in addition, the Minister may fix different amounts forthe periodic fee, based on the kind of database, and alsofix the date on which the period fees shall be paid, andan additional fee for a periodic fee that is not paid at thefixed time.

(b) The funds collected from the fees under this section shall bedesignated for the Registrar and the supervisory unit forpurposes of carrying out their activities under this Law.

(c) Where the periodic fee or the additional fee to the periodicfee is not paid, as the case may be, within six months fromthe date fixed by regulations for payment of the additionalfee, the registration of the database in the Register shall besuspended until payment is made.

Commencement 37. Chapter Two shall come into force six months from the date ofpublication of this Law.

Documents

Protection of Privacy Law, 5741 – 1981 · Constitution, Law and Justice Committee of the Knesset, shall establish by order, a supervisory unit that will supervise the databases,